Nevada Attorney General Aaron Ford, a Democrat, joined a coalition of states suing the Trump administration to keep federal funds flowing to the Supplemental Nutrition Assistance Program (SNAP) during the government shutdown. 

The lawsuit, which was filed Tuesday in federal court in Massachusetts, argues that during previous federal government shutdowns, SNAP benefits have never been interrupted. This will be the first time SNAP benefits are paused since the program’s inception, according to the lawsuit.

The U.S. Department of Agriculture (USDA) suspended SNAP benefits for November. More than 41 million Americans and 495,000 Nevadans rely on the program that is now a central bargaining chip in the fight over whether to end the government shutdown.

Democrats have said they won’t vote to reopen the government unless Republicans negotiate on extending health insurance subsidies that defray costs for some 22 million Americans on Affordable Care Act marketplace plans. Republicans have said they won’t consider the subsidy issue until Democrats vote to reopen the government.

The suit argues that the food stamps shouldn’t be in limbo to begin with — plaintiffs say the suspension of SNAP benefits is “contrary to law and arbitrary and capricious under the Administrative Procedure Act.” The lawsuit contends that the federal government has an obligation to maintain food stamps and asks the judge to rule on a motion no later than Friday that would require the Trump administration to use a $5 billion contingency fund to help pay SNAP benefits.

In a statement, Ford called the Trump administration’s choice to cut SNAP benefits deliberate, cruel, and an extraordinarily harmful decision, and says the reasoning behind it — the government shutdown — is inadequate.

“Contingency funds exist for this exact scenario, yet the USDA has decided to abdicate its responsibility to Nevadans and refused to fund SNAP benefits,” the statement said.

Agriculture Secretary Brooke Rollins, on the other hand, wrote in an opinion piece published Tuesday that “the neediest among us must not be treated as bargaining chips in the broader fight over spending, immigration, or whatever extraneous priorities are consuming Democrats’ attention.” 

A USDA memo stated “contingency funds are not legally available to cover regular benefits” and that the money is reserved for such things such as helping people in disaster areas. It references Hurricane Melissa as an example of why it’s important to have the money available to mobilize quickly in the event of a disaster.

Ford urged Gov. Joe Lombardo to work with Democrats and President Donald Trump to keep funds flowing for Nevadans.

Lombardo’s office, however, wrote in a fact sheet on Oct. 22 that SNAP benefits are funded with federal dollars and that federal administrators have made it clear that under federal guidance the state cannot directly cover the costs of the benefits. Monthly benefits for Nevada SNAP recipients cost approximately $90 million.

A clash over SNAP funding between state Treasurer Zach Conine (D) and Lombardo took place shortly after Lombardo issued the fact sheet. Conine released his own statement on Friday saying the state has enough money to keep SNAP going.

“Because of our team’s responsible fiscal management and record investment returns, and the highest Rainy Day Fund balance in history, the State has the money to provide emergency financial assistance to Nevadans who will lose their SNAP benefits due to the shutdown,” Conine wrote in the statement.

In a press release Tuesday morning, Conine praised Ford’s efforts and said he was “committed to finding additional solutions” to the food assistance issue.